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Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal. This case note considers the concept of unreasonableness as articulated in Wednesbury and reflects on its relationship to that of proportionality. The document also includes supporting commentary from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal. This case note considers the concept of unreasonableness as articulated in Wednesbury and reflects on its relationship to that of proportionality. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal. This case note considers the concept of unreasonableness as articulated in Wednesbury and reflects on its relationship to that of proportionality. The document also includes supporting commentary from author Thomas Webb.

Chapter

Penelope Russell

Public law protection of children challenges one of the fundamental principles of England and Wales that children are best brought up by their parents. Unlimited state intervention in the family is not permitted and the courts have to strike a balance between maintaining stability for children within their family, and protecting them from harm. This chapter considers the statutory duties of the local authority towards children as well as emergency action to protect a child. It examines what has to be proven to obtain a care order and the evidential difficulties connected with this; in particular, the difficulties posed for the courts where harm is caused to a child by an unknown perpetrator. The chapter ends by exploring the options available to the court at the welfare assessment once the threshold criteria have been met.

Chapter

This chapter looks at what happens in issues of child protection when compulsory intervention in the form of care or supervision applications is needed. It considers the legal tests, the processes, and the practicalities involved in proceedings and decisions about what should happen after intervention. For intervention to take place, the local authority must satisfy the court that the child in question is suffering or likely to suffer significant harm attributable to their care or to them being beyond parental control. As far as the court is concerned, the best interests of the child are paramount. The court has to consider all realistic options for the child's future.

Chapter

Penelope Russell

Public law protection of children challenges one of the fundamental principles of England and Wales that children are best brought up by their parents. Unlimited state intervention in the family is not permitted and the courts have to strike a balance between maintaining stability for children within their family, and protecting them from harm. This chapter considers the statutory duties of the local authority towards children as well as emergency action to protect a child. It examines what has to be proven to obtain a care order and the evidential difficulties connected with this; in particular, the difficulties posed for the courts where harm is caused to a child by an unknown perpetrator. The chapter ends by exploring the options available to the court at the welfare assessment once the threshold criteria have been met.

Chapter

N V Lowe, G Douglas, E Hitchings, and R Taylor

Having considered the content of parental responsibility in chapter 12, this chapter turns to its allocation. The chapter starts by explaining the allocation of parental responsibility automatically at the child’s birth and through registration on the birth certificate. It then turns to consider applications by unmarried, unregistered fathers for parental responsibility orders. The acquisition of parental responsibility by non-parents, including step-parents and local authorities is then outlined. Finally, it discusses the question of shared parental responsibility and how that responsibility may be exercised in the case of disagreement.

Chapter

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Chapter

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Chapter

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Chapter

N V Lowe, G Douglas, E Hitchings, and R Taylor

The Children Act 1989 places considerable importance on local authorities working in partnership with families and the avoidance wherever possible of court proceedings. However, the Act also makes provision, in the form of care and supervision orders, for compulsory measures to be taken to safeguard and promote children’s welfare. This chapter focuses on care and supervision orders. It covers the initiation of proceedings; the threshold criteria, which refers to conditions set out by s 31(2) that must be satisfied before a care or supervision order may be made; the ‘welfare stage’, where the court must, pursuant to s 1(1), regard the welfare of the child as the paramount consideration; tackling delay in care proceedings; court orders; appeals; and discharge of care orders and discharge and variation of supervision orders. The chapter ends by discussing the position of children in local authority care, focusing on the critical issue of contact with children in care.

Chapter

17. Children and Local Authorities:  

Care and Supervision Proceedings

N V Lowe and G Douglas

The Children Act 1989 places considerable importance on local authorities working in partnership with families and the avoidance wherever possible of court proceedings. However, the Act also makes provision, in the form of care and supervision orders, for compulsory measures to be taken to safeguard and promote children's welfare. This chapter focuses on care and supervision orders. It covers the initiation of proceedings; the threshold criteria, which refers to conditions set out by Section 31(2) that must be satisfied before a care or supervision order may be made; the ‘welfare stage’, where the court must, pursuant to s 1(1), regard the welfare of the child as the paramount consideration; tackling delay in care proceedings; court orders; appeals; and discharge of care orders and discharge and variation of supervision orders.

Chapter

18. Children and Local Authorities:  

The Position of Children in Care

N V Lowe and G Douglas

This chapter discusses the position of children in local authority care. It begins by considering the issue of contact with children in care. It then looks more broadly at local authorities' duties to all children looked after by them, which includes those who are accommodated as well as those who are subject to care orders. Finally, it describes the means by which local authority decisions with respect to children being looked after by them can be challenged.

Chapter

N V Lowe and G Douglas

This chapter explains the basic legal framework and provisions for local authorities to provide services for families. It covers the general role of the courts and local authorities; an overview of the development of local authority powers; the current law; general duty of local authority to children in need; specific duties and powers; accommodating children in need; and secure accommodation.

Chapter

This chapter examines the role of local authorities in protecting the child from harm and the orders available under the Children Act 1989, which are used in cases of alleged harm to children. It explains the nature of public child law proceedings and goes into detail to discuss the definition of the ‘threshold criteria’—the standard that the court uses to decide whether an order should be made. It also discusses the investigations which can be carried out by the local authority in relation to a child and parental contact with children in care, and compares a care order and a supervision order.

Chapter

A local authority’s investigation into a child’s health and development includes a case conference so that information about the child can be shared by those involved with the child and family. This chapter discusses the function of a child protection conference in public children law and the role of a solicitor in the conference. Family group conferences are also discussed, as well as who attends the child protection conference, their contributions to it, and when a child protection conference will be held. Confidentiality in the child protection and parents being excludes from all or parts of the conference is explained.

Chapter

This chapter examines the role of local authorities in protecting the child from harm and the orders available under the Children Act 1989, which are used in cases of alleged harm to children. It explains the nature of public child law proceedings and goes into detail to discuss the definition of the ‘threshold criteria’—the standard that the court uses to decide whether an order should be made. It also discusses the investigations which can be carried out by the local authority in relation to a child and parental contact with children in care, and compares a care order and a supervision order.

Chapter

A local authority’s investigation into a child’s health and development includes a case conference so that information about the child can be shared by those involved with the child and family. This chapter discusses the function of a child protection conference in public children law and the role of a solicitor in the conference. Family group conferences are also discussed, as well as who attends the child protection conference, their contributions to it, and when a child protection conference will be held. Confidentiality in the child protection and parents being excludes from all or parts of the conference is explained.

Chapter

This chapter discusses the High Court's inherent powers in respect of children. The development of these powers, principally under the aegis of the wardship jurisdiction, was highly influential in the modern development of law and practice concerning children, and the Children Act 1989 incorporates many of its features. The chapter covers the High Court's exercise of inherent jurisdiction; the court's powers; local authority use of the jurisdiction; and private law use of the jurisdiction.

Chapter

16. Children and Local Authorities:  

Investigation of Child Abuse

N V Lowe and G Douglas

This chapter focuses on the local authorities' investigative powers and duties. It covers general duty of investigation under Section 47 of the Children Act 1989; co-operating with other agencies to discharge investigative duties; emergency protection orders; child assessment orders; and police protection.